Common use of Implementation Covenants Clause in Contracts

Implementation Covenants. 1. The Recipient shall carry out its obligations in accordance with the Project Operational Manual, the EMP and the MOU, and shall not amend, suspend, abrogate, repeal or waive any provision of the Project Operational Manual, the EMP or the MOU, without prior approval of the Association. 2. The Recipient, through the ▇▇▇▇, shall: (a) not later than September 15 of each year during the implementation of the Project, starting September 15, 2006, submit to the Association for review and approval an Annual Reform Program for the following calendar year, including indicative amounts needed to implement the activities under the respective ARP, prepared in accordance with the format included in the Project Operational Manual, and shall agree with the Association on steps to be taken in the following calendar year; and (b) not later than April 15 of each year during the implementation of the Project, starting April 15, 2007, submit to the Association a report on the performance of the Annual Reform Program for the preceding calendar year and the overall Program, monitored pursuant to indicators and monitoring arrangements set forth in the Project Operational Manual; and (c) jointly undertake with the Association a review of the Project activities based on the report referred to in subparagraph (b) above. 3. The Recipient shall cause an operational review covering the preceding calendar year to be carried out and finalized by independent auditors acceptable to the Association on terms of reference acceptable to the Association each year during Project implementation. Such review shall cover the Recipient’s internal control framework and procedures, including procurement processes and the financial management system, for the Recipient’s education sector, and shall be conducted in accordance with International Standards of Auditing (ISA) and on terms of reference acceptable to the Association. The results and findings of the audit and review shall be submitted to the Association by April 15 of each year during the implementation of the Project, starting April 15, 2008. The first review and results submitted by April 15, 2008 shall cover the calendar years 2006 and 2007. 4. If, as a result of the reports referenced in paragraphs 2(b) and 3 of this Section II, the Association determines at any time that proceeds of the Credit were not used to finance Eligible Expenditures under the respective Annual Reform Program, or were otherwise not justified, the Association may: (a) require the Recipient to refund to the Association an amount equal to the amount used for expenditures not so eligible or justified; or (b) reduce its share of funding of the activities under the subsequent Annual Reform Program by the amount used for expenditures not so eligible or justified. 5. The Recipient shall, not later than January 1 of each year during the implementation of the Project, starting on January 1, 2007, include in its overall budget an amount covering its share of the Annual Reform Program for the respective calendar year. 6. The Recipient shall, not later than January 1, 2007, have entered into the EIB Co- financing Agreement and the CEDB Co-financing Agreement. 7. The Recipient, shall, not later than January 1, 2007, have entered into the Memorandum of Understanding with the Association, the European Investment Bank and the Council of Europe Development Bank concerning pooled fund support for the Project. 8. The Recipient, through the ▇▇▇▇, shall organize and chair meetings twice a year, in May and October, and, as needed, on an ad hoc basis. During the meetings held in May of each year, the Project and the ARP for the preceding year shall be reviewed. During the meetings held in October of each year, the ARP for the following year, including the amounts needed to implement the activities under the ARP for the following year, shall be agreed. The meetings shall be chaired by the ▇▇▇▇ and its attendees shall consist of senior staff within the ▇▇▇▇, the Ministry of Finance, the Ministry of Interior and Decentralization, the Ministry of Labor and Social Affairs, Regional Councils, Regional and District Education Departments, as well as representatives of the Development Partners and other stakeholders. 9. The Recipient, through the ▇▇▇▇, shall further strengthen the financial management capacity of the ▇▇▇▇ in accordance with the Fiduciary Capacity Building Plan and shall maintain adequate financial management capacity within the ▇▇▇▇ throughout the life of the Project.

Implementation Covenants. 1. The Recipient shall carry out its obligations in accordance with cause the Project Operational Manual, the EMP and the MOU, and shall not amend, suspend, abrogate, repeal or waive any provision of the Project Operational Manual, the EMP or the MOU, without prior approval of the Association. 2. The Recipient, through the ▇▇▇▇, shallImplementing Entity to: (a) not later than September 15 March 31 of each year during furnish to the Association an annual report of EPF duly published on its website; (b) not later than August 31 of each year, provide to the Association for its review and comments a consolidated annual work plan for the next fiscal year, including a revised procurement plan if needed, and the estimated budget therefor; and thereafter, implement said annual work plan in a manner satisfactory to the Association; and (c) by March 31, 2010, carry out a consultation workshop with relevant stakeholders to discuss the implementation of the Project and the achievements of its objectives, including the Project Implementing Entity’s annual Project progress report for Fiscal Year 2009, and take into consideration the recommendations of the said workshop in the subsequent implementation of the Project. 2. The Recipient shall cause: (a) WREA to prepare and not later than March 31, starting September 152011, 2006submit to the Project Implementing Entity a mid-term report concerning, inter alia, the progress and lessons learnt from implementation of the Sub-projects it carried out; and recommendations and measures to be implemented in its Sub-projects; (b) the Project Implementing Entity to: prepare and not later than December 31, 2010 submit to the Association for review and approval an Annual Reform comments, the EPF Five-Year Strategic Program for (including a plan to ensure financial and operational sustainability of EPF); and thereafter finalize the following calendar yearsaid Program taking into account the Association’s comments, including indicative amounts needed to implement the activities under the respective ARP, prepared in accordance with the format included in the Project Operational Manualif any, and shall agree with submit it to the Association on steps to be taken in the following calendar yearEPF Board of Directors for approval; and (b) not later than April 15 of each year during the implementation of the Project, starting April 15, 2007, and submit to the Association Association, by June 1, 2011 a mid-term report on the performance of the Annual Reform Program for the preceding calendar year and the overall Program, monitored pursuant to indicators and monitoring arrangements set forth in the Project Operational Manual; and (c) jointly undertake with the Association a review of the Project activities based on consolidating the report referred to in subparagraph sub-paragraph (ba) above, review said report with the Association, by June 30, 2011, or such later date as the Association shall request, and, thereafter, implement the Project taking in account the recommendations of the said report and the Association’s views. 3. The Recipient shall cause an operational review covering the preceding calendar year to be carried out and finalized ensure that by independent auditors acceptable to the Association on terms of reference acceptable to the Association each year during Project implementation. Such review shall cover the Recipient’s internal control framework and proceduresMarch 31, including procurement processes and the financial management system2010, for the Recipient’s education sector, and shall be conducted in accordance with International Standards of Auditing (ISA) and on terms of reference acceptable to the Association. The results and findings of the audit and review shall be WREA has submitted to the Association by April 15 of each year during the implementation Project Implementing Entity, for approval, draft proposals for Sub-projects as follows: a proposal to facilitate effective operation of the ProjectNT-NKD River Basin Committee and its secretariat; a proposal to improve national policy and regulations, starting April 15inter alia, 2008. The first review and results submitted by April 15those related to pollution control, 2008 shall cover the calendar years 2006 and 2007. 4. If, as a result of the reports referenced in paragraphs 2(b) and 3 of this Section II, the Association determines at any time that proceeds of the Credit were not used to finance Eligible Expenditures under the respective Annual Reform Program, or were otherwise not justified, the Association may: (a) require the Recipient to refund to the Association an amount equal to the amount used for expenditures not so eligible or justified; or (b) reduce its share of funding of the activities under the subsequent Annual Reform Program by the amount used for expenditures not so eligible or justified. 5. The Recipient shall, not later than January 1 of each year during the implementation of the Project, starting on January 1, 2007, include in its overall budget an amount covering its share of the Annual Reform Program for the respective calendar year. 6. The Recipient shall, not later than January 1, 2007, have entered into the EIB Co- financing Agreement and the CEDB Co-financing Agreement. 7. The Recipient, shall, not later than January 1, 2007, have entered into the Memorandum climate change; and a proposal to develop capacity of Understanding with the Association, the European Investment Bank WREA and the Council of Europe Development Bank concerning pooled fund support for the Project. 8. The Recipient, through the ▇▇▇▇, shall organize ensure effective planning and chair meetings twice a year, in May and October, and, as needed, on an ad hoc basis. During the meetings held in May of each year, the Project and the ARP for the preceding year shall be reviewed. During the meetings held in October of each year, the ARP for the following year, including the amounts needed to implement the activities under the ARP for the following year, shall be agreed. The meetings shall be chaired by the ▇▇▇▇ and its attendees shall consist of senior staff within the ▇▇▇▇, the Ministry of Finance, the Ministry of Interior and Decentralization, the Ministry of Labor and Social Affairs, Regional Councils, Regional and District Education Departments, as well as representatives of the Development Partners coordination among WREA and other stakeholdersagencies. 9. The Recipient, through the ▇▇▇▇, shall further strengthen the financial management capacity of the ▇▇▇▇ in accordance with the Fiduciary Capacity Building Plan and shall maintain adequate financial management capacity within the ▇▇▇▇ throughout the life of the Project.

Implementation Covenants. 1. The Recipient shall carry out its obligations in accordance with cause the Project Operational Manual, the EMP and the MOU, and shall not amend, suspend, abrogate, repeal or waive any provision of the Project Operational Manual, the EMP or the MOU, without prior approval of the Association. 2. The Recipient, through the ▇▇▇▇, shallImplementing Entity to: (a) not later than September 15 March 31 of each year during furnish to the Association an annual report of EPF duly published on its website; (b) not later than August 31 of each year, provide to the Association for its review and comments a consolidated annual work plan for the next fiscal year, including a revised procurement plan if needed, and the estimated budget therefor; and thereafter, implement said annual work plan in a manner satisfactory to the Association; and (c) by March 31, 2010, carry out a consultation workshop with relevant stakeholders to discuss the implementation of the Project and the achievements of its objectives, including the Project Implementing Entity’s annual Project progress report for Fiscal Year 2009, and take into consideration the recommendations of the said workshop in the subsequent implementation of the Project. 2. The Recipient shall cause: (a) WREA to prepare and not later than March 31, starting September 152011, 2006submit to the Project Implementing Entity a mid-term report concerning, inter alia, the progress and lessons learnt from implementation of the Sub-projects it carried out; and recommendations and measures to be implemented in its Sub-projects; (b) the Project Implementing Entity to: (i) prepare and not later than December 31, 2010 submit to the Association for review and approval an Annual Reform comments, the EPF Five-Year Strategic Program for (including a plan to ensure financial and operational sustainability of EPF); and thereafter finalize the following calendar yearsaid Program taking into account the Association’s comments, including indicative amounts needed to implement the activities under the respective ARP, prepared in accordance with the format included in the Project Operational Manualif any, and shall agree with submit it to the Association on steps to be taken in the following calendar yearEPF Board of Directors for approval; and (bii) not later than April 15 of each year during the implementation of the Project, starting April 15, 2007, submit to the Association Association, by June 1, 2011 a mid-term report on the performance of the Annual Reform Program for the preceding calendar year and the overall Program, monitored pursuant to indicators and monitoring arrangements set forth in the Project Operational Manual; and (c) jointly undertake with the Association a review of the Project activities based on consolidating the report referred to in subparagraph sub-paragraph (ba) above, review said report with the Association, by June 30, 2011, or such later date as the Association shall request, and, thereafter, implement the Project taking in account the recommendations of the said report and the Association’s views. 3. The Recipient shall cause an operational review covering the preceding calendar year to be carried out and finalized ensure that by independent auditors acceptable to the Association on terms of reference acceptable to the Association each year during Project implementation. Such review shall cover the Recipient’s internal control framework and proceduresMarch 31, including procurement processes and the financial management system2010, for the Recipient’s education sector, and shall be conducted in accordance with International Standards of Auditing (ISA) and on terms of reference acceptable to the Association. The results and findings of the audit and review shall be WREA has submitted to the Association by April 15 of each year during the implementation Project Implementing Entity, for approval, draft proposals for Sub- projects as follows: (a) a proposal to facilitate effective operation of the ProjectNT-NKD River Basin Committee and its secretariat; (b) a proposal to improve national policy and regulations, starting April 15inter alia, 2008. The first review those related to pollution control, and results submitted by April 15, 2008 shall cover the calendar years 2006 climate change; and (c) a proposal to develop capacity of WREA and 2007ensure effective planning and coordination among WREA and other agencies. 4. IfThe Recipient shall ensure that its agencies, as a result of including WREA and LFNC, and the reports referenced in paragraphs 2(b) and 3 of this Section II, the Association determines at any time that proceeds of the Credit were not used to finance Eligible Expenditures under the respective Annual Reform Program, or were otherwise not justified, the Association may: Selected Provinces who are Beneficiaries: (a) require maintain policies and procedures adequate to enable it to monitor and evaluate on an ongoing basis the Recipient to refund to carrying out of their Sub-projects and the Association an amount equal to achievement of the amount used for expenditures not so eligible or justified; or objectives thereof; (b) reduce its share of funding of the activities under the subsequent Annual Reform Program prepare for consolidating and forwarding by the amount used for expenditures not so eligible or justified. 5. The Recipient shall, not later than January 1 of each year during the implementation of the Project, starting on January 1, 2007, include in its overall budget an amount covering its share of the Annual Reform Program for the respective calendar year. 6. The Recipient shall, not later than January 1, 2007, have entered into the EIB Co- financing Agreement and the CEDB Co-financing Agreement. 7. The Recipient, shall, not later than January 1, 2007, have entered into the Memorandum of Understanding with Project Implementing Entity to the Association, under terms of reference satisfactory to the European Investment Bank and the Council of Europe Development Bank concerning pooled fund support for the Project. 8. The Recipient, through the ▇▇▇▇, shall organize and chair meetings twice a year, in May and October, and, as neededAssociation, on an ad hoc basis. During the meetings held in May or about October 1 of each year, an annual report integrating the Project results of the monitoring and evaluation activities performed pursuant to sub-paragraph (a) of this paragraph on the progress achieved in the carrying out of the Sub-projects and setting out the measures recommended to ensure the efficient carrying out of the Sub-projects and the ARP for the preceding year shall be reviewed. During the meetings held in October achievement of each year, the ARP for their objectives during the following year, including ; (c) provide timely input to the amounts needed to implement the activities under the ARP Project Implementing Entity for the following year, shall be agreed. The meetings shall be chaired by the ▇▇▇▇ and its attendees shall consist of senior staff within the ▇▇▇▇, the Ministry of Finance, the Ministry of Interior and Decentralization, the Ministry of Labor and Social Affairs, Regional Councils, Regional and District Education Departments, as well as representatives preparation of the Development Partners reports required under this Agreement; and (d) furnish to the Project Implementing Entity for consolidating and other stakeholdersforwarding to the Association the annual reports referred to in sub- paragraph (b) of this paragraph. 9. The Recipient, through the ▇▇▇▇, shall further strengthen the financial management capacity of the ▇▇▇▇ in accordance with the Fiduciary Capacity Building Plan and shall maintain adequate financial management capacity within the ▇▇▇▇ throughout the life of the Project.